If you are in immediate danger, CALL 911.

Quick Exit
Post-Conviction Survivor Resources Logo

Oregon

State Resource Guide

Download PDF

The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, to be resentenced, or for a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the District Attorney’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Appellate Division of the Oregon Department of Justice (DOJ) represents the state on direct appeal. To receive direct appeal updates, victims can contact the Oregon DOJ’s Appellate Advocacy Program by phone at 503-378-4284 or by email at aap@doj.oregon.gov.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Appellate Division of the Oregon Department of Justice (DOJ) represents the state in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can contact the Oregon DOJ’s Appellate Advocacy Program by phone at 503-378-4284 or by email at aap@doj.oregon.gov.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Oregon law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Appellate Division of the Oregon Department of Justice represents the State in federal habeas corpus proceedings. To receive updates on federal habeas corpus, victims can contact the ODOJ’s Appellate Advocacy Program by phone at 503-378-4284 or by email at aap@doj.oregon.gov.

Early Release Programs

These programs can include parole, release based on advanced age or a severe medical condition, or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Oregon, including parole, release based on advanced age or a severe medical condition, or earning “credits” for good behavior or participating in vocational, rehabilitative, educational or other programs.
  • Victims can track the status of an incarcerated person through the Oregon Department of Corrections Search. For notifications about early release and custody status, victims can register through the Victim Information System in Oregon (VISOR). For parole notification, victims can complete a Victim Request for Notification form for the Oregon Board of Parole and Post-Prison Supervision. For assistance, victims can contact the Board’s Victim Services Unit at (503) 945-0907. 

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • A person convicted in Multnomah County, Oregon, may ask the local prosecutor’s office to review their case if they have a claim of actual innocence.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Oregon law. Clemency typically takes one of four forms in Oregon: a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), a reprieve (which temporarily delays a person’s sentence), or a remission (which reduces or eliminates court-ordered fines or forfeiture).
  • Victims can contact the District Attorney’s Office where the crime was prosecuted for notification of clemency proceedings.

Victims Rights
Post-Conviction

In Oregon, victims have the right to:
  • Be treated with dignity and respect during the criminal justice process
  • Be reasonably protected from the convicted person during appeals and post-conviction
  • Notification if an appeal, petition for post-conviction relief, or federal court action is filed by the convicted individual*
  • Advance notification of appeal arguments and post-conviction hearings*
  • Be present at any critical stage of the proceedings held in open court, including appeal arguments and post-conviction hearings*
  • Be heard, either orally or in writing, at post-conviction hearings
  • Communicate with the state’s attorney during post-conviction
  • Be informed of the outcome of the appeal and post-conviction proceedings
  • Receive information about the conviction, sentence, imprisonment, criminal history, and future release from physical custody of the convicted individual*
  • Notification if a motion for DNA testing is granted after conviction*
  • Notification of the parole hearings, probation revocation hearings, escape, and death of the convicted person*
  • Be heard at probation and parole hearings
  • Be notified of these rights by the state attorney

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Crime Victims’ Compensation Program reimburses victims for expenses related to the crime, such as medical bills, lost wages, and funeral costs.
  • Victims may request help with unpaid restitution by contacting the Victim Services Unit of the Board of Parole by phone at 503-945-0907 or by email or by contacting the Oregon Court where the case was prosecuted. For the Crime Victims’ Compensation Program, victims can complete an application online and receive assistance by calling the Crime Victims Compensation Program at 503-378-5348 or by emailing CVSSD@doj.oregon.gov. Victims must apply within 1 year of the crime with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Oregon

Back to State Resources

State Resource Guides